Patna High Court
Arjun PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The court allowed the anticipatory bail application, subject to conditions, for the petitioners.
Summary
The petitioners, a group of Paswan family members, applied for anticipatory bail in a case registered under IPC sections 341, 323, 504, 506, 307 and 34, alleging that they were involved in an assault stemming from a land dispute with the informant. The informant claimed that a tractor parked near his house harboured a snake, and when he asked the petitioners to remove it, they assaulted him and his family with sticks and rods, causing injuries. The petitioners argued they have clean antecedents, the assault allegations are vague, and the dispute is civil in nature, not criminal. The State opposed the bail, contending the offences are serious. The High Court, after considering the submissions, granted anticipatory bail to the petitioners on condition of furnishing bail bonds and sureties, subject to Section 482(2) of the Criminal Procedure Code, and directed that they surrender within six weeks if arrested.
Issues considered
- Whether anticipatory bail should be granted to the petitioners despite the serious nature of the alleged offences.
- Whether the allegations of assault are specific and sufficient to deny bail.
- Whether the petitioners pose a risk of fleeing, tampering with evidence, or influencing witnesses.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
- Indian Penal Code — s. 307, 323, 34, 341, 504, 506
Subjects
- anticipatory bail
- assault
- land dispute
- Indian Penal Code
- Criminal Procedure Code
- Bihar High Court
- section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15539 of 2026
Arising Out of PS. Case No.-477 Year-2021 Thana- GAYA MUFASIL District- Gaya
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1. Arjun Paswan S/o- Late Momal Paswal @ Komal Paswan Village -
Mamrakchak P.S.- Muffasil District -Gaya
2. Akhalesh Paswan @ Akhilesh Paswan S/o- Komal Paswan @ Late Komal
Paswan Village - Mamrakchak P.S.- Muffasil District -Gaya
3. Shailesh Paswan S/o- Komal Paswan @ Late Komal Paswan Village -
Mamrakchak P.S.- Muffasil District -Gaya
4. Abhimanyu Paswan @ Abhimanyu Paswan S/o- Arjun Paswan Village -
Mamrakchak P.S.- Muffasil District -Gaya
5. Kamlesh Paswan @ Nawalkesh Paswan @ Naulesh Kumar S/o- Naresh
Paswan Village - Kewali P.S.- Chandauti District -Gaya
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Pushp Raj Singh- Advocate
For the Opposite Party/s : Mr.Nagendra Prasad- A.P.P.
Mr.Sanjay Kumar-Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 24-03-2026 1. Heard learned counsel for the petitioners, learned
APP for the State and the learned counsel appearing on behalf of
the informant.
2. The petitioners seek bail in anticipation of their
arrest in a case registered for the offences punishable under
Sections 341, 323, 504, 506, 307 and 34 of the Indian Penal
Code.
3. The learned counsel for the petitioners submits that
the petitioners are persons with clean antecedent and the
Patna High Court CR. MISC. No.15539 of 2026(2) dt.24-03-2026
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informant alleges that a tractor of Arjun laden with bricks is
parked near his house for the last two-three years in which
Scorpio and snake hide. Further, he saw a snake sliding in the
tractor, thus requested the accused persons to remove the tractor,
on which Arjun, Mithilesh, Akhilesh and Shailesh assaulted him
and his son by lathi, danda, rod and khanti. Further, Simpu and
Abhimanu assaulted Mantu and Muneshwari by rod and danda
causing injury on head of Mantu. Further, Saraswati, Viranti and
Savitri assaulted by bricks injuring Sobha and Gudia and even
Kamlesh assaulted them. On alarm, people came when accused
fled.
4. The learned counsel for the petitioners submits that
petitioners and the informant are related and are having dispute
relating to land. It is further submitted that it does not appear
probable that occurrence would have committed for the reason
that the tractor was parked near the house of the informant. It is
further submitted that on account of dispute relating to land, an
altercation took place in which both sides assaulted each other.
It is further submitted that even allegation of assault is not
specific and the injury suffered by the injured is opined to be
simple as pleaded at Para-8 of the anticipatory bail application.
It is also submitted that petitioners are not criminals.
Patna High Court CR. MISC. No.15539 of 2026(2) dt.24-03-2026
3/3
5. Learned A.P.P. as well as the learned counsel
appearing on behalf of the informant opposes the anticipatory
bail application.
6. Considering the submissions made by the learned
counsel for the petitioners, the petitioners, above-named, in the
event of their arrest or surrender before the learned Court below
within a period of six weeks, are directed to be released on
anticipatory bail on their furnishing bail-bonds in the sum of Rs.
10,000/- (Rupees Ten Thousand) each with two sureties of the
like amount each to the satisfaction of the learned Trial Court
where the case is pending/successor Court in connection with
Muffasil P. S. Case No.477 of 2021, subject to the conditions
laid down under Section 482(2) of the B.N.S.
7. The application stands allowed.
(Satyavrat Verma, J)
vikash/-
U T
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